The Social Security and Child Support Commissioners (Procedure) (Amendment) Regulations 2005

Amendments to the Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations 2002

4.—(1) The Social Security Commissioners (Procedure) (Tax Credits Appeals) Regulations 2002(1) shall be amended in accordance with this regulation.

(2) In the Arrangement of Regulations—

(a) under Part 1 (general provisions), after the entry for regulation 6 insert—

“6A.   Funding of legal services”.

(b) under Part 2 (applications for leave to appeal and appeals)—

(i) before the entry for regulation 7 insert—

“6B.   Application of this Part”; and

(ii) in the entry for regulation 11 omit “after leave obtained”.

(3) In regulation 2 (interpretation)—

(a) after the definition of “chairman” insert—

““funding notice” means the notice or letter from the Legal Services Commission confirming that legal services are to be funded;”;

(b) after the definition of “joint claimant” insert—

““legal aid certificate” means the certificate issued by the Scottish Legal Aid Board confirming that legal services are to be funded;”;

(c) after the definition of “legally qualified” insert—

““Legal Services Commission” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999(2);

“live television link” means a television link or other audio and video facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by all others who are present (whether physically present or otherwise);”;

(d) after the definition of “respondent” insert—

““Scottish Legal Aid Board” means the Scottish Legal Aid Board established under section 1 of the Legal Aid (Scotland) Act 1986(3);”.

(4) In regulation 6 (manner of and time for service of notices, etc)—

(a) after paragraph (1)(b) insert—

“(ba) subject to paragraph (1A), sent by email; or”;

(b) after paragraph (1) insert—

“(1A) A document may be served by email on any party if the recipient has informed the person sending the email in writing—

(a) that he is willing to accept service by email;

(b) of the email address to which the documents should be sent; and

(c) if the recipient wishes to so specify, the electronic format in which documents must be sent.”;

(c) in paragraph (2), for “delivered or sent to the office” substitute—

• “(a)

  delivered to the office in person;

  (b)

  sent to the office by prepaid post;

  (c)

  sent to the office by fax; or

  (d)

  where the office has given written permission in advance, sent to the office by email”.

(5) After regulation 6 insert—

“Funding of legal services

6A.   If a party is granted funding of legal services at any time, he shall—

(a) where funding is granted by the Legal Services Commission, send a copy of the funding notice to the office;

(b) where funding is granted by the Scottish Legal Aid Board, send a copy of the legal aid certificate to the office; and

(c) notify every other party that funding has been granted.”.

(6) In Part 2 (applications for leave to appeal and appeals), before regulation 7 insert—

“Application of this Part

6B.   In this Part—

(a) regulations 7, 8 and 9 apply to appeals other than an appeal against a determination in penalty proceedings;

(b) regulations 10, 11 and 12 apply to all appeals.”.

(7) In regulation 10(1)(b), before “the date” insert “where applicable,”.

(8) In the heading to regulation 11, omit “after leave obtained”.

(9) For regulation 11 substitute—

“11.— (1) In the case of an appeal against a determination in penalty proceedings, the notice of appeal shall not be valid unless it is sent to a Commissioner within one month of the decision of the appeal tribunal being sent to the applicant.

(2) For all other appeals, a notice of appeal shall not be valid unless it is sent to a Commissioner within one month of the date on which the appellant was sent written notice that leave to appeal had been granted.

(3) A Commissioner may for special reasons accept late notice of appeal.”.

(10) After regulation 19(6) insert—

“(6A) Subject to the direction of a Commissioner—

(a) any person or organisation entitled to be present and be heard at a hearing; and

(b) any representatives of such a person or organisation,

may be present by means of a live television link.

(6B) Any provision in these Regulations which refers to a party or representative being present is satisfied if the party or representative is present by means of a live television link.”.

(11) For regulation 27(2) substitute—

“(2) Where—

(a) any decision or record of a decision is corrected under regulation 24; or

(b) an application for a decision to be set aside under regulation 25 is refused for reasons other than that the application was made outside the period specified in regulation 25(2),

the period specified in paragraph (1) shall run from the date on which written notice of the correction or refusal of the application to set aside is sent to the applicant.”.

(1)

S.I. 2002/3237.

(2)

1999 c. 22.

(3)

1986 c. 47.